MARIAGLORY Vs. JOHN BRITTO ALIAS JOHN

JUDGEMENT

(1.) THIS revision is against the order of acquittal passed by the learned Chief Judicial Magistrate, Nagercoil, in C. C. No. 191 of 1988 for the offences under Secs. 498-A and 406, Indian Penal Code and Sec. 4 of the dowry Prohibition Act.

(2.) THE revision petitioner herein who is the wife of the first respondent, filed a complaint before the third respondent police alleging that her husband and her mother-in-law the second respondents, were harassing her demanding dowry and that she was also driven out from the house, that though 8 1/2 sovereigns of jewels, cash Rs. 5,000 and articles worth Rs. 4,500 was given to her at the time of the marriage respondents 1 and 2 had returned only 10 grams of jewels and articles worth Rs. 1,500 and therefore she had filed this complaint for breach of trust. THE learned Chief Judicial magistrate, after going through the papers, has found that already the police had forwarded a report under Sec. 173, Code of Criminal Procedure stating that it was mistake of fact, that the learned Chief Judicial Magistrate also had accepted the report and recorded the same, but subsequently on the direction of superintendent of Police, further investigation was done and a fresh report was filed on the basis of which, the case was re-opened for trial and as this procedure is against law, the accused cannot be punished. With regard, to the merit of the allegations also, the learned Chief Judicial Magistrate had gone through the evidence and has found that the allegations against the accused are not established and therefore they cannot be punished.